Bill Text: IL HB2250 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Prohibits a person under 18 years of age from buying, possessing, being sold, bought for, distributed samples of, or furnished an electronic cigarette. Establishes an exception for a sting operation approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if electronic cigarettes are being sold or given to persons under 18 years of age. Defines "electronic cigarette". Includes "electronic cigarette" in the definition of tobacco product.

Spectrum: Moderate Partisan Bill (Democrat 25-5)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2250 Detail]

Download: Illinois-2013-HB2250-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2250 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
720 ILCS 675/1 from Ch. 23, par. 2357
Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Prohibits a person under 18 years of age from buying, possessing, being sold, bought for, distributed samples of, or furnished an electronic cigarette. Establishes an exception for a sting operation approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if electronic cigarettes are being sold or given to persons under 18 years of age. Defines "electronic cigarette". Includes "electronic cigarette" in the definition of tobacco product.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevention of Tobacco Use by Minors and Sale
and Distribution of Tobacco Products Act is amended by changing
Sections 1 and 2 as follows:
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale to and possession of tobacco by
minors; prohibition on the distribution of tobacco samples to
any person; use of identification cards; vending machines;
lunch wagons; out-of-package sales.
(a) No minor under 18 years of age shall buy any tobacco
product. No person shall sell, buy for, distribute samples of
or furnish any tobacco product to any minor under 18 years of
age.
(a-5) No minor under 16 years of age may sell any tobacco
product at a retail establishment selling tobacco products.
This subsection does not apply to a sales clerk in a
family-owned business which can prove that the sales clerk is
in fact a son or daughter of the owner.
(a-6) No minor under 18 years of age in the furtherance or
facilitation of obtaining any tobacco product shall display or
use a false or forged identification card or transfer, alter,

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or deface an identification card.
(a-7) No minor under 18 years of age shall possess any
cigar, cigarette, electronic cigarette, smokeless tobacco, or
tobacco in any of its forms.
(a-8) A person shall not distribute without charge samples
of any tobacco product to any other person, regardless of age:
(1) within a retail establishment selling tobacco
products, unless the retailer has verified the purchaser's
age with a government issued identification;
(2) from a lunch wagon; or
(3) on a public way as a promotion or advertisement of
a tobacco manufacturer or tobacco product.
This subsection (a-8) does not apply to the distribution of
a tobacco product sample in any adult-only facility.
(a-9) For the purpose of this Section:
"Adult-only facility means a facility or restricted
area (whether open-air or enclosed) where the operator
ensures or has a reasonable basis to believe (such as by
checking identification as required under State law, or by
checking the identification of any person appearing to be
under the age of 27) that no person under legal age is
present. A facility or restricted area need not be
permanently restricted to persons under legal age to
constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that
no person under legal age is present during the event or

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time period in question.
"Electronic cigarette" or "e-cigarette" means a
battery-operated device that contains cartridges filled
with a combination of nicotine, flavor, and chemicals that
are turned into vapor which is inhaled by the user.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold
to the general public.
"Smokeless tobacco" means any tobacco products that
are suitable for dipping or chewing.
"Tobacco product" means any cigar, cigarette,
electronic cigarette, smokeless tobacco, or tobacco in any
of its forms.
(b) Tobacco products listed in this Section may be sold
through a vending machine only if such tobacco products are not
placed together with any non-tobacco product, other than
matches, in the vending machine and the vending machine is in
any of the following locations:
(1) (Blank).
(2) Places to which minors under 18 years of age are
not permitted access.
(3) Places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is
under the direct supervision of the owner or manager.
(4) (Blank).
(5) Places where the vending machine can only be

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operated by the owner or an employee over age 18 either
directly or through a remote control device if the device
is inaccessible to all customers.
(c) (Blank).
(d) The sale or distribution by any person of a tobacco
product in this Section, including but not limited to a single
or loose cigarette, that is not contained within a sealed
container, pack, or package as provided by the manufacturer,
which container, pack, or package bears the health warning
required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 18
years of age to purchase or possess a cigar, cigarette,
electronic cigarette, smokeless tobacco or tobacco in any of
its forms if the person under the age of 18 purchases or is
given the cigar, cigarette, electronic cigarette, smokeless
tobacco or tobacco in any of its forms from a retail seller of
tobacco products or an employee of the retail seller pursuant
to a plan or action to investigate, patrol, or otherwise
conduct a "sting operation" or enforcement action against a
retail seller of tobacco products or a person employed by the
retail seller of tobacco products or on any premises authorized
to sell tobacco products to determine if tobacco products are
being sold or given to persons under 18 years of age if the
"sting operation" or enforcement action is approved by the
Department of State Police, the county sheriff, a municipal
police department, the Department of Public Health, or a local

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health department.
(Source: P.A. 95-905, eff. 1-1-09; 96-179, eff. 8-10-09;
96-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)